“Mr. Colletti, proceed, please,” the judge said.
His lawyer started up from his chair, but Gerry waved him off and stepped forward first, as if to say, I’ll handle this. It was an obvious last-minute change in plans, and Jack knew exactly what was going on. The spotlight was shining far too brightly for Gerry Colletti to defer to another lawyer.
Gerry approached the lectern in the center of the courtroom, stealing one last look at the television camera before showing his back to the crowd and addressing the court. “Your Honor is exactly right. This is a very serious motion that I’ve filed. And I have filed it with good reason.”
“I will be the judge of that,” the judge said dryly.
“You will indeed. As the court knows, the State of Florida has a law on the books that is commonly referred to as the Slayer Statute. That statute prohibits a murderer from inheriting under the will of his victim.”
“I’m familiar with the law. As I made clear in my opening remarks, I’m interested to know what evidence you intend to present to demonstrate the law’s application to this case.”
“Tatum Knight is a beneficiary under Sally Fenning’s will. This motion seeks to invoke the Slayer Statute to disqualify him from inheriting under her will.”
“Based on what evidence, Mr. Colletti?”
“Certainly you read the article in yesterday’s newspaper. It appears that Mr. Knight is a contract killer who was hired to kill Ms. Fenning.”
“Objection,” said Jack, rising. “Since when did we start convicting alleged murderers based upon newspaper articles?”
“I’ll sustain the objection,” said the judge. “Newspaper articles are admissible in certain circumstances, but if that’s all you’ve got, Mr. Colletti, I’d say this motion is highly premature.”
“Judge, I concede that I’m not in a position at this moment to prove that Tatum killed Sally Fenning.”
The judge snarled and said, “Then what are we doing here?”
“In light of the deaths of Mason Rudsky and Deirdre Meadows, I thought it was imperative to get this issue before the court now, in an abundance of caution.” He glanced across the courtroom at Jack’s client and said, “Just in case Mr. Knight kills me, too, before I have a chance to gather my evidence.”
“Objection,” said Jack. “This so-called serious motion is quickly devolving into a grandstand play without a shred of evidentiary support.”
“Mr. Colletti, do you have any evidence that you, personally, are in any such danger?”
“I do. That’s why I’ve combined this motion under the Slayer Statute with a request that Mr. Knight be held in contempt of court for violation of the restraining order. The court previously ordered that Mr. Knight should not come within five hundred yards of any of the other beneficiaries, except for court appearances and official meetings with the personal representative of Sally Fenning’s estate. As detailed in the affidavit filed with my motion, Mr. Knight assaulted me once again while I was outside my house walking my dog.”
The judge took a quick look at the file, peering through his reading glasses. “According to your affidavit, this happened almost a week ago. Why has it taken you so long to come forward with this evidence?”
“Frankly, this guy scares the daylights out of me. But now that two of my fellow beneficiaries have turned up dead, I decided it was incumbent upon me to bring this additional evidence to the court’s attention.”
The judge nodded, seemingly satisfied with the explanation. “Mr. Swyteck, we’ve all read Mr. Colletti’s affidavit. What’s your response?”
Jack rose and said, “If I may, I would like to question Mr. Colletti about the photographs he attached to his affidavit.”
“Photographs?” The judge thumbed through the file, apparently having missed them.
Gerry said, “I submitted several photographs that show the severity of the blows I received from Mr. Knight in this second meeting. As I state in my affidavit, he became very agitated, grabbed me by the throat, threw me to the ground, kicked me several times.”
Tatum whispered, “That’s bullshit.”
Jack laid a hand on his shoulder, calming his client. “Your Honor, I think I have the right to examine the witness about the authenticity of those photographs.”
“Authenticity?” said Gerry in an indignant tone. “Are you suggesting-”
“Swear the witness,” the judge ordered.
Gerry shook his head, as if this were all a waste of time. Then he took a seat in the witness stand, and the bailiff administered the familiar oath.
Jack approached and said, “Mr. Colletti, these photographs of your bruises-who took them?”
“I took them myself. I have a camera with a timer on it. You push a button, stand in front of it, and it takes your picture.”
“Exactly when did you take these photographs?”
“Immediately after my second encounter with Mr. Knight. The one described in my affidavit.”
“And the purpose of these photographs is what?”
“Well, I’m not one to brag, so I normally wouldn’t put into the public record photographs of myself naked from the waist up.” He smiled, clearly hoping that he’d just uttered the evening news sound byte.
The judge rolled his eyes, and the courtroom was silent. Gerry cleared his throat and said, “I filed them to show the court the severity of the beating I took once again at the hands of Mr. Knight.”
Jack walked back to his table and grabbed two more stacks of photographs. He handed up one stack to the judge and said, “Your Honor, I have several zoom photographs we created from one of Mr. Colletti’s originals. I apologize that I wasn’t able to file these with the court earlier, but since we just received the affidavit this morning, I just a few minutes ago got these back from the photo lab.”
“Apology accepted.”
Jack turned to the witness, handed him the first photograph from his stack, and said, “Mr. Colletti, does this zoomed photograph appear to be a fair and accurate representation of your left arm as taken from your original photograph?”
He examined it and said, “It would appear to be my arm, yes.”
Jack handed him another photograph and said, “Here’s a closer zoom. Does this appear to be a fair and accurate depiction of your lower left arm as taken from the original photograph?”
“I’d say so, yes.”
“One last photo.” He handed it to him and said, “How about this one? It’s an even tighter zoom. Does this appear to be a fair and accurate depiction of your left wrist as taken from the original photograph?”
“This is my wrist, yes.”
“That’s your Rolex watch, too?”
“Yes.”
“It has a calendar on it, does it not?”
Gerry paused, as if sensing where this was headed. “Yes.”
“Take another look at the photograph. If you would, please read the date depicted on that watch calendar.”
His expression fell, and he answered softly. “It says N-O-V-Two.”
“That would be November second, correct?”
Colletti shifted nervously in his seat, seeming to search for a way out of Jack’s noose.
The judge took a good look at his copy of the photograph, then glared at the witness and said, “Mr. Colletti, your answer please.”
“I presume that’s what it means.”
“And the second day of November would have been, by my count, about two weeks before your alleged second encounter with my client, correct?”
Gerry didn’t answer.
Jack stepped closer. “Mr. Colletti, these photographs weren’t taken after your alleged second meeting with Mr. Knight on November fifteenth. These were taken after the alleged beating you received outside John Martin’s pub in the early morning hours of November second. Isn’t that right, sir?”
The courtroom was silent. All eyes were upon the witness, and he kept staring at the photograph, as if willing the date to change.Finally, Gerry shrugged impishly at the judge and said, “Gee, I don’t know how I could have gotten that mixed up.”